Ewen v. Maccherone’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[c]ritically, defendants were not prohibited from smoking inside their apartment by any existing statute, condominium rule or bylaw. Nor was there any statute, rule or bylaw imposing upon defendants an obligation to ensure that their cigarette smoke did not drift into other residences.”

   1 later decision quote this exact passage · from the majority
   e.g. 349 F. Supp. 3d 645 - Davis v. Echo Valley Condo. Ass'n

2. “the law of private nuisance would be stretched beyond its breaking point if we were to allow a means of recovering damages when a neighbor merely smokes inside his or her own apartment in a multiple dwelling building.”

   1 later decision quote this exact passage · from the majority
   e.g. 349 F. Supp. 3d 645 - Davis v. Echo Valley Condo. Ass'n

3. “in the absence of a controlling statute, bylaw or rule imposing a duty, public policy issues militate against a private cause of action under these factual circumstances for secondhand smoke infiltration.”

   1 later decision quote this exact passage · from the majority
   e.g. 349 F. Supp. 3d 645 - Davis v. Echo Valley Condo. Ass'n